Thomas Lee Archives - Compliance Podcast Network

All Things Investigations: Tom Lee on Invalidation of The Chevron Deference

Welcome to the Hughes Hubbard Anti-Corruption & Internal Investigations Practice Group’s podcast All Things Investigation. In this podcast, host Tom Fox welcomes back Tom Lee to take a deep dive in the Supreme Court’s invalidation of the Chevron deference and what it means going forward.

In this episode, special counsel Tom Lee joins the podcast to discuss the Supreme Court’s recent decision in the Loper Bright case, which overruled the long-standing Chevron deference. Lee explains the implications of this ruling on how courts interpret ambiguous statutory terms and provides insights into the decision’s grounding in the Administrative Procedure Act rather than the Constitution. He also discusses the potential impact on past cases decided under Chevron, future regulatory challenges, and the strategic considerations for companies navigating the new legal landscape. Throughout, Lee offers a thorough analysis of the evolving legal environment and its consequences for administrative law.

Key Highlights

Overview of the Loper Case and Chevron Deference
Supreme Court’s Decision and Its Implications
Consequences of Overruling Chevron Deference
Future Challenges and Legal Strategies
Administrative Procedures Act and Its Impact

Resources:

Hughes Hubbard & Reed website

Thomas Lee

HHR Client Alert-Litigation After the Demise of Chevron Deference

All Things Investigations: Constitutional Challenge to Corporate Transparency Act with Thomas Lee

Welcome to the Hughes Hubbard Anti-Corruption & Internal Investigations Practice Group’s podcast, All Things Investigation.

In this podcast, we’re joined by Hughes Hubbard Special Counsel, Thomas Lee, to discuss the recent decision declaring unconstitutional the Corporate Transparency Act (CTA) in the case of NSBA vs. Yellen.

Thomas Lee specializes in appellate law and constitutional issues. With nearly a decade of tenure at the firm and an impressive 21 years of teaching constitutional law at Fordham Law School, Lee is highly respected in his field. Lee and the Hughes Hubbard team brought the lawsuit on behalf of the National Small Business Association, arguing the CTA was a constitutional overreach as it mandated the reporting of beneficial ownership data to combat money laundering and criminal activities.

The constitutional claims included no Congressional authority for this regulation, privacy concerns, and the lack of a foreign treaty ratified by Congress requiring the law. Drawing from his extensive background in constitutional law, they successfully argued that this federal regulation challenges traditional state regulation of entity formation and exceeds governmental power.

This decision in the National Small Business Association case is a landmark case that has now been appealed to the 11^th Circuit Court of Appeals and appears headed to the US Supreme Court.